Leavenworth County approves conditional special‑use permit for Call Valley sand operation; development agreement drafted

The Leavenworth County Board of Commissioners on June 10 conditionally approved Resolution 2026‑7, issuing a special‑use permit to Call Valley, Inc. for a sand excavation and stockpiling operation and opened review of a linked development and road‑improvement agreement.

The board’s county counselor summarized the draft agreement and said the document reflects the commission’s intent from hearings two weeks earlier. She described a designated haul route — the primary path up Golden Road to K‑32 with a specified alternate route if the primary route is closed — and said the alternate would be used only in limited circumstances. On dredging and stockpiling, the counselor told the board section 16 was written so the county would not unintentionally prevent continuous dredging by prohibiting necessary stockpiling at the site.

Why it matters: the agreement shifts repair and mitigation costs for heavy construction onto the applicant while giving the county contractual tools to protect public roads, public safety and the county’s regulatory intent. The county’s template requires a third‑party engineering review (paid by the applicant) to determine road repairs; the applicant may fund repairs directly or choose not to proceed after receiving cost estimates.

Key provisions described by the counselor include a payment‑in‑lieu option so the applicant can pay the county instead of contracting for road work, a credit policy that offsets future maintenance against repair costs, dust‑control and cleanup obligations, and a royalty fee tied to tonnage (the draft described an early years percentage the counselor summarized as roughly 25% for years one through five). The draft also includes a railway spur provision to be negotiated in good faith, a dispute‑resolution process intended to avoid litigation, and standard contractual terms on indemnification and revocation of the special‑use permit if the applicant violates the agreement.

Commissioners questioned whether reclamation or domestic‑well protections were covered in the agreement. The counselor said reclamation requirements are conditions of the special‑use permit and that domestic‑water‑well protections are enforced by state law and cannot be waived by the county in a development agreement.

Aaron March, speaking for Call Valley, told the board the company would "gladly participate" in a county working group to explore a rail spur and other mitigations.

The board took a motion to approve Resolution 2026‑7 and to consider the development and road‑improvement agreement. The motion was seconded and, after discussion, the board recorded multiple 'ayes' and at least one 'no' during the vote and approved the permit conditionally. Commissioners said they would represent constituent concerns when implementing the development agreement.

What’s next: staff will continue refining the development agreement to reflect the commission’s direction, finalize the haul‑route language and engineering review process, and incorporate any negotiated mitigation measures before seeking final execution.